23. Sections 84 to 88 (both sections inclusive) of the principal enactment are hereby repealed and the following new sections substituted therefor: -
| 84. If the defendant fails to file his answer on or before the day fixed for the filing of the answer, or on or before the day fixed for the subsequent filing of the answer or having filed his answer, if he fails to appear on the day fixed for the hearing of the action, and if the court is satisfied that the defendant has been duly served with summons, or has received due notice of the day fixed for the sub-sequent filing of the answer, or of the day fixed for the hearing of the action, as the case may be, and if, on the occasion of such default of the defendant, the plaintiff appears, then the court shall proceed to hear the case ex parte forth with, or on such other day as the court may fix. |
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| 85.
| | (1) The plaintiff may place evidence before the court in support of his claim by affidavit, or by oral testimony and move for judgment, and the court, if satisfied that the plaintiff is entitled to the relief claimed by him, either in its entirety or subject to modification, may enter such judgment in favour of the plaintiff as to it shall seem proper, and enter decree accordingly. | | |
| | (2) Where the court is of opinion that the entirety of the relief claimed by the plaintiff cannot be granted, the court shall hear the plaintiff before modifying the relief claimed. | | |
| | (3) Where there are several defendants of whom one or more file answer and another or others of whom fail to file answer, the plaintiff may move for judgment against such of the defendants as may be in default without prejudice to his right to proceed with the action against such of the defendants as may have filed answer. The provisions of this subsection shall apply notwithstanding that the defendants are jointly liable upon a bill of exchange, promissory note or cheque. | | |
| | (4) The court shall cause a copy of the decree entered under this section to be served on the defendant in the manner prescribed for the service of summons. Such copy of the decree shall bear an endorsement that any application to set aside the decree under sub-section (2) of section 86 shall be made to court within fourteen days of such service | | |
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| 86.
| | (1) Where at any time prior to the entering of judgment against him for default, the defendant with notice to the plaintiff, satisfies court that he had reasonable grounds for such default, the court shall set aside any order made arising out of such default and permit the defendant to proceed with his defence as from the stage of default upon such terms as to costs or otherwise as to the court shall appear proper. | | |
| | (2) Where, within fourteen days of the service of the decree entered against him for default, the defendant with notice to the plaintiff makes application to and thereafter satisfies court, that he had reasonable grounds for such default, the court shall set aside the judgment and decree and permit the defendant to proceed with his defence as from the stage of default upon such terms as to costs or otherwise as to the court shall appear proper. | | |
| | (3) Every application under this section shall be made by petition supported by affidavit. | | |
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| 87.
| | (1) Where the plaintiff or where both the plaintiff and the defendant make default in appearing on the day fixed for the trial, the court shall dismiss the plaintiff's action. | | |
| | (2) Where an action has been dismissed under this section, the plaintiff shall be precluded from bringing a fresh action in respect of the same cause of action. | | |
| | (3) The plaintiff may apply within a reasonable time from the date of dismissal, by way of petition supported by affidavit, to have the dismissal set aside, and if on the hearing of such application, of which the defendant shall be given notice, the court is satisfied that there were reasonable grounds for the non- appearance of the plaintiff, the court shall make order setting aside the dismissal upon such terms as to costs or otherwise as It thinks Fit, and shall appoint a day for proceeding with the action as from the stage at which the dismissal for default was made. | | |
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| 88.
| | (1) No appeal shall lie against any judgment entered upon default. | | |
| | (2) The order setting aside or refusing to set aside the judgment entered upon default shall be accompanied by a judgment adjudicating upon the facts and specifying the grounds upon which It Is made, and shall be liable to an appeal to the Supreme Court.". | | |
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Sri Lanka Consolidated Acts